Russell v Edwards

The plaintiff, a 16-year-old, sustained injuries when diving into the shallow end of a swimming pool while intoxicated. The defendant, the occupier of the pool, was alleged to have failed in its duty to adequately supervise the premises. The matter proceeded to the Court of Appeal of New South Wales.

The central legal issues before the court were whether the defendant owed a duty of care to the plaintiff, and if so, whether that duty was breached. Crucially, the court had to consider the application of section 50 of the *Civil Liability Act 2002* (NSW), which addresses the effect of intoxication on a claim for damages for personal injury. This involved determining whether the plaintiff's intoxication constituted "self-induced intoxication" for the purposes of section 50(5) and whether the intoxication was a "sole cause" of the injury under section 50(1).

The Court of Appeal found that the plaintiff's intoxication was not the sole cause of his injuries, as the occupier's failure to adequately supervise the pool also contributed. Therefore, section 50 of the *Civil Liability Act 2002* (NSW) did not operate to defeat the plaintiff's claim entirely. The court applied the principles of negligence, considering the duty of care owed by an occupier and the assessment of causation in the context of intoxication.

The appeal was dismissed, and the defendant was ordered to pay the plaintiff's costs.